Where an account is established by an attorney-in-fact using entirely the funds of a principal, the attorney-in-fact is named joint owner or POD beneficiary, and the principal has no direct involvement in, or even awareness of, the creation of the account, the survivor cannot be presumed the owner of the accounts.
Civil
Rovai v. Rovai, No. 45S03-0812-CV-00628, ___ N.E.2d ___ (Ind.. Sept. 2, 2009)
Dissolution statutes authorize (but do not require) a court to assess interest in the course of fashioning a just division of assets.
Walker v. Nelson, No. 49A05-0903-CV-138, ___ N.E.2d ___ (Ind. Ct. App., Aug. 14, 2009)
When limiting former custodial parent’s parenting time, trial court erred by not making a specific finding that visitation would endanger child’s physical health or well-being or significantly impair his emotional development.
In re Paternity of J.J., No. 08A02-0903-JV-280, ___ N.E.2d ___ (Ind. Ct. App., Aug. 25, 2009
Trial court abused its discretion when it modified custody because of Mother’s relocation without considering all of the factors required by Indiana Code section 31-17-2.2-1(b).
Elrod v. Brooks, No. 10A01-0903-CV-155, ___ N.E.2d ___ (Ind. Ct. App., July 29, 2009)
Small claims court abused its discretion when it denied plaintiff the opportunity to present evidence refuting defendant’s counterclaim after defendant presented his evidence.